Thank God for the American System O’ Justice
Irina Agajanyan ate two donuts.
This fateful event occurred at the Krispy Kreme outlet in Burbank, California and is now the focus of a “fake donut” lawsuit.
As the lawsuit puts it: “On July 7, 2017, Plaintiff Agajanyan entered a Krispy Kreme store in Burbank, CA with an intent to purchase a blueberry pastry for personal, family or household purposes.”
And who hasn’t purchased a donut for household purposes?
Irina “consumed two doughnuts, namely, the Blueberry Cake Doughnut and the Maple Iced Glazed Doughnut. As she consumed the doughnuts, Plaintiff became suspicious of their ingredients due to their taste, suspecting a lack of Real Ingredients, and determined that ingredients mentioned on the products’ names were false. … (She) reported her suspicions to her counsel, who undertook a precomplaint investigation.”
It was quite the investigation.
It concluded that: “Had Krispy Kreme not misrepresented that Class Products contained Real Ingredients, Plaintiff Agajanyan would not have purchased the Class Products, and would have purchased other products that contained blueberries and maple from the competitors of Krispy Kreme, or would not have purchased them at the prices at which they were offered. Therefore, Plaintiff Agajanyan suffered injury in fact and lost money as a result of purchasing these doughnuts.”
“To further deceive Plaintiff and the putative class members, not only did Krispy Kreme use artificial flavors to mimic the flavor of Real Ingredients in Class Products, but it also used dark colored blueberry-like bits in its Blueberry Doughnuts to mimic the existence of real blueberries and brown colored substance in its Maple Doughnuts to mimic the existence of maple syrup/sugar.”
There are health issues here. Donut consumers have health rights, too.
“Blueberries contain antioxidants called anthocyanins, which have been shown to inhibit free radicals from damaging cells in the body. Studies suggest that the antioxidant properties of anthocyanins may protect against cardiovascular diseases (including stroke) as well as neurodegenerative disorders of aging, such as Alzheimer’s disease, and may play a role in cancer prevention” and are “widely perceived as a “superfood” by the public.” Further, “more than 20 compounds in maple syrup have been linked to human health.”
The lawsuit seeks no less than $1,000 for each member of the injured class, plus attorneys fees and an injunction against Krispy Kreme.
We can only wish all parties the luck they deserve.